A Solution in Search of a Problem: Transgender Restriction Violates Constitution and Title IX

By Professor Paul Anderson, Director, Sports Law Program and National Sports Law Institute, Marquette University Law School Since Idaho passed its Fairness in Women’s Sports Act in 2020, 33 states have introduced over 100 bills restricting transgender participation in sport.  In general, these bills force athletes to participate in sports that coincide with their birth gender or biological sex, and as a result, individuals who are transgender (i.e., born female, but medically transitio